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488. No State can,“ without the consent of Congress, lay any tonnage duty, or imposts, or duties on imports or exports, except what may be absolutely necessary for executing its inspection Laws," and the net produce of all duties and imposts laid by any State on imports or exports, are declared to " be for the use of the Treasury of the United States," and all such State Laws are subject to the revision and control of Congress.
489. Under this power, “ to lay and collect duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States,” Congress has, from the earliest period of the Government, claimed, and exercised authority to lay duties for the purpose of encouraging and protecting articles of domestic produce or manufacture, as well as for raising a revenue on imports.
490. But this authority has been questioned, upon a construction of the Constitution, which excludes "the general welfare” as one of the objects for which this branch of the power of taxation was surrendered by the several States; and denies that it can be applied to any other purposes than that of paying the debts, supporting the civil and military establishments of the Union, and of carrying into effect the powers specifically enumerated in the Constitution, and vested by it in Congress.. ::
491. It is, nevertheless, a sound rule of construction, and universal in its application, that the different parts of the same instrument ought to be so expounded, as to give effect, if possible, to the whole, and to every part susceptible of meaning:
492. As it cannot be presumed that the term“ ge. neral welfare," was introduced into the Constitution for no purpose whatever, those words cannot be ex. cluded from all share in the meaning, unless they are incapable of bearing any signification in the connexion in which they are used, or of being reconciled either to the remainder of the clause of which they form a part, or to other parts of the Constitution.
493. If objects capable of being embraced by these general expressions, cannot be deemed to be comprised amongst the more definite objects previously or subsequently enumerated, it must be intended that other objects than either of these, were intended to be accomplished by means of the taxing power; and that such further objects comprehend every thing to which “ the general welfare” requires this power of Congress to be applied, as the direct means of effecting the end proposed.
494. Unless Congress have power to afford this encouragement and protection, by the means in question, such power exists no where in the Union; as the State Legislatures cannot impose duties on articles of importation without the consent of Congress, and hare surrendered to Congress the exclusive power of regulating commerce with foreign nations.
495. Whether “the general welfare” be, in fact, promoted by imposing duties for the encouragement and protection of domnestic manufactures, is a question of National policy, involving facts and opinions from their nature not cognizable in Courts of Justice, and depending for their determination upon the sound exercise of Legislative discretion.
496. Whatever may be the opinions of enlightened men, as to the policy of protecting domestic manufactures, or as to the question, whether “ the generale welfare” be indeed promoted by the imposition of duties on articles of foreign importation; those opinions must be founded on views of national policy, and principles of political economy, upon which none but the National Legislature can, for any practical purpose, authoritatively decide.
497. Unless Congress had authority to decide on the facts and principles upon which the exercise of its Legislative discretion depends, those facts and principles would be subject to judicial examination, and a construction might be given to the Constitution, not merely by the judgment of a Court upon the question of law, whether Congress has power “to lay duties to provide for the general welfare,” but, upon the opinion of a Jury, upon the question of fact, whether the“ general welfare” was, upon sound principles of public policy, actually promoted by protecting duties.
498. The objects to which the surplus revenue arising from protecting duties are applied, unless designated in the Law authorizing them to be levied and collected, can have no bearing on the general question of the Constitutionality of Laws, providing merely for their being levied and collected.
499.. When collected and paid into the Treasury of the United States, the proceeds of such duties are at the disposal of Congress; and as “no money can be drawn from the Treasury, but in consequence of appropriations made by Law,” no question as to the constitutionality of the objects to which that portion of the public revenues may be applied, can arise until a Law be proposed for their specific appropriation.
500. Neither is an inequality in the operation of protecting duties, contrary to the provision of the